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Trademark conflict, or what?

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I

Irvine

Guest
I'm starting my own business. This business would sell aftermarket accessories for a brand name product....like a " Sony Walkman". I would like to market my accessories, using the name of the primary product ("SONY WALKMAN") in my marketing materials sent to my target companies. Something like this: NEW BUSINESS INC., your choice for quality accessories for Sony Walkman's....
The use of this name brand is essential, because it directly implies what my accessories are custom designed for.
What risks am I exposing myself to?
Just a side note: "Sony Walkman", the company, makes 95% of their revenue from selling "Sony Walkmans", and the monthly service charges related to their clients keeping service for their "Sony Walkmans" . They make only about 5% of their revenue from selling OEM accessories for their "Sony Walkmans". "Sony Walkmans" are 100% manufactured for "Sony" by an independent company. The public recognizes the name "Sony Walkman" not only for their product, but the service provided by them.
Help...
 


JETX

Senior Member
Based on your posted information, you will probably be okay. Your product is an accessory to a product manufactured by a different company.

Just be sure that you do not include any trademarks on your product. For example, take a look at the replacement faceplates for Nokia phones. They are designed and marketed by other companies and are made specifically to fit Nokia cell phones. This is all legal.

However, if the faceplate producer were to put the name "Nokia" on the faceplate it would violate the trademark (by implying or leading on to believe that the replacement product was authorized by Nokia). In fact, the replacement faces have the word "Digital" on them where "Nokia" is on the original.

Also, be sure to credit Sony and note 'trademark' in any advertisement or promotion.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!
 

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